HomeMy WebLinkAboutAUGUST 4, 2015 REGULAR MEETING ' :r
DELORIS"BOBBIE"PRINCE,MAYOR sn.•,,�, BRIAN McDOUGAL
KAPRINA FRANK,MAYOR PRO TEM City of cr" CITY MANAGER
COUNCIL MEMBERS: 1, y• SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY L.HAMILTON o r t r t h u r
MORRIS ALBRIGHT VAL TIZENO
STEPHEN A.MOSELY �«��� CITY ATTORNEY
WILLIE"BAE" LEWIS,JR.
OSMAN SWATI
DERRICK FREEMAN
AG E N DA
City Council
Regular Meeting
August 4, 2015
8:3o a.m.
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City Council Meeting
City Hall Council Chamber
City Of Port Arthur
August 4, 2015
8:30 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tern Frank
Councilmember Scott, Jr.
Councilmember Hamilton
Councilmember Albright, III
Councilmember Mosely
Councilmember Lewis, Jr.
Councilmember Swati
Councilmember Freeman
City Manager McDougal
City Secretary Bellard, TRMC
City Attorney Tizeno
Sergeant At Arms:
Police Chief Blanton Or Designee
II. APPROVAL OF AGENDA
III. PROCLAMATIONS & MINUTES
Proclamations
Minutes
March 31, 2015 Special Executive Meeting
March 31, 2015 Regular Meeting
April 28, 2015 Special Executive Meeting
May 26, 2015 Special Executive Meeting
July 14, 2015 Special Executive Meeting
July 21, 2015 Special Executive Meeting
IV. PETITIONS & COMMUNICATIONS
A. Speakers — None
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AGENDA
AUGUST 4, 2015
IV. PETITIONS & COMMUNICATIONS — CONTINUED
B. Presentations
(1) Presentation By Siemens Regarding Water Leaks
C. Employee Recognition — None
D. Correspondence — None
V. PUBLIC HEARINGS — 9:00 A.M. — NONE
VI. UNFINISHED BUSINESS
(1) P.R. No. 19067 — A Resolution Authorizing An Increase In Existing
Blanket Order 186890 By $60,000.00 For Joey's Tractor Service Of
Port Arthur, Texas, For Grass Cutting Services For Pleasure Island;
Funding Available In Pleasure Island Contractual Account No.(s)
450-1291-549.59-00, 450-1292-549.59-00, 450-1293-549.59-00
And 450-1294-549.59-00
VII. CONSENT AGENDA
NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or
Administrative Nature. The Council Has Been Furnished With Background
And Support Material On Each Item, And/Or It Has Been Discussed At A
Previous Meeting. All Items Will Be Acted Upon By One Vote Without
Being Discussed Separately Unless Requested By A Council Member Or A
Citizen, In Which Event The Item Or Items Will Immediately Be
Withdrawn For Individual Consideration In Its Normal Sequence After The
Items Not Requiring Separate Discussion Have Been Acted Upon.
A. Expense Reports:
Assistant City Secretary Kelly Moore:
Texas Municipal Clerks Seminar
League City, TX June 17-19, 2015 $628.00
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AGENDA
AUGUST 4, 2015
VII. CONSENT AGENDA — CONTINUED
B. Resolutions — Consent
(1) P.R. No. 18806 — A Resolution Authorizing The City Manager To
Execute A Two (2) Year Contract, With The Option Of Renewal For
Two Additional Two Year Periods, With McCreary, Veselka, Bragg &
Allen, Of Round Rock, Texas, For Collection Of Municipal Court
Fines
(2) P.R. No. 19045 — A Resolution Authorizing The City Manager To
Execute The Third And Final Year Of The Contract With Garner
Environmental Services, Inc., Of Deer Park, Texas, For The
Provision Of Emergency Environmental, Disaster, And Logistical
Response Services In The Event Of An Emergency Or Disaster
(3) P.R. No. 19049 — A Resolution Authorizing Acceptance Of
Engineer's Certificate And Completion, Contractor's Certificate And
Release And Contractor's Certificate Of Guarantee For The Pleasure
Island Marina Paving Project And Authorizing The City Manager To
Sign The Certificate Of Acceptance On Behalf Of The City Of Port
Arthur, Texas, And Approval Of Change Order No. 3 Increasing The
Contract Total By $17,125.66 And Final Payment In The Amount Of
$21,369.08. Funding Being Available In Account 450-1293-549.89-
00
(4) P.R. No. 19062 — A Resolution Authorizing Re-Certification Of
Tender Loving Care Center For Children, D/B/A Legacy Community
Development Corporation As A Community Housing Development
Organization
(5) P.R. No. 19071 — A Resolution Authorizing The Award Of Bid And
The Execution Of A Contract For The Installation Of A Motor
Control Center At The 46th Street Lift Station With MK Global
Enterprise, DBA Bayou Electric, Of Vidor, Texas, In An Amount Not
To Exceed $32,920.00. Funds Are Available In Utility Operations
Account No. 410-1255-532.92-00
AGENDA
AUGUST 4, 2015
VII. CONSENT AGENDA — CONTINUED
(6) P.R. No. 19074 — A Resolution Authorizing The City Manager To
Execute An Interlocal Contract With South East Texas Regional
Planning Commission Relating To The Planning, Development,
Operation And Provision Of 9-1-1 Service And The Use Of 9-14
Funds
(7) P.R. No. 19076 — A Resolution Authorizing The City Manager To
Accept The FY 2015 Emergency Management Performance Grant In
The Amount Of $37,557.88
(8) P.R. No. 19077 — A Resolution Authorizing The Third And Final Year
Renewal Of The Contract With JJCM Enterprises, Inc. D/B/A Park
Avenue Cleaners, Of Port Arthur, Texas, For Police Uniform
Cleaning Services, In A Not-To-Exceed Amount Of $46,750.00.
Funds Are Available In Police Account No. 001-1101-521.26-00
(9) P.R. No. 19078 — A Resolution Authorizing The Third And Final Year
Renewal Of The Contract With American Personnel & Temps Of
Beaumont, Texas, For Providing School Crossing Guard Services For
The Police Department, In The Amount Of $11.81/Hr, Not To
Exceed $66,727.30, To Be Charged To Police Account No. 001-
1101-521.54-00
(10) P.R. No. 19079 - A Resolution Authorizing The City Manager To
Execute A Memorandum Of Understanding With The South East
Texas Regional Planning Commission For City Of Port Arthur
Utilization Of Communications Equipment Purchased By South East
Texas Regional Planning Commission With Texas Homeland
Security State Administrative Agency Grant Funds
(11) P.R. No.19080 - A Resolution Authorizing The City Manager And
The City's Health Director To Execute A Memorandum Of
Understanding Between The City Of Port Arthur And The Medical
Center Of Southeast Texas To Support Mass Preventative Measures
That Preserves Health And Prevents The Spread Of Disease During
A Public Health Emergency
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AGENDA
AUGUST 4, 2015
VII. CONSENT AGENDA — CONTINUED
(12) P.R. No. 19081 - A Resolution Authorizing The City Manager And
The City's Health Director To Execute A Memorandum Of
Understanding Between The City Of Port Arthur And TOTAL
Petrochemical, Port Arthur, To Support Mass Preventative Measures
That Preserves Health And Prevents The Spread Of Disease During
A Public Health Emergency
(13) P.R. No. 19082 - A Resolution Approving An Affiliation Agreement
Between The City Of Port Arthur Health Department And Lamar
University, Beaumont, Texas, For The Use Of Community-Based
Clinical Facilities For The Education Of Nursing Students
(14) P.R. No. 19083 - A Resolution Approving The FY 2015-2016
Contract Between The City Of Port Arthur And The Department Of
State Health Services, Immunization Branch-Locals In The Amount
Of $162,630.00
(15) P.R. No. 19084 — A Resolution Authorizing The City Manager To
Execute The Third And Final Year Of The Contract With J-3 Metals
Of Vidor, Texas, For The Hauling And Recycling Of Scrap Metal And
White Goods From The City Of Port Arthur, And To Provide Proper
Disposal Thereof
(16) P.R. No. 19085 — A Resolution Authorizing The City Manager To
Execute Change Order No. 02 To The Contract Between The City
Of Port Arthur, GLO, And BDS Constructors, LLC Dba MK
Constructors Of Vidor, Texas, For The 9th Street Paving
Improvements Project — Williams Ave To Duff Drive South Of 9th
Street, Increasing The Contract Amount By $92,133.30 To A New
Contract Amount Of $771,678.30 And Increasing The Term By Sixty
Six (66) Days To A New Total Of Three Hundred Fifteen (315)
Days. GLO Round 2.1 Program, Project No. I2119, Account No.
144-1201-532.59-00
(17) P.R. No. 19086 - A Resolution Authorizing The City Manager To
Accept The Real Property Donation From Lillie Mae Polidore
Located At 847 Herget Avenue
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AGENDA
AUGUST 4, 2015
VII. CONSENT AGENDA — CONTINUED
(18) P.R. No. 19088 — A Resolution Authorizing The City Manager To
Execute Change Order No. 10 To The Contract Between The City
Of Port Arthur And Allco, L.L.C., Of Beaumont, Texas, For The
Highway 87 Water System Improvements From Keith Lake To
Sabine Pass Standpipe, For The Removal Of Items Not Used,
Decreasing The Total Contract Amount By $42,094.00, To A New
Contract Amount Of $3,566,308.89
(19) P.R. No. 19092 — A Resolution Authorizing Approval Of Guidelines
For The Implementation Of A Lease Purchase Program Consistent
With The Home Program, And Authorizing Tender Loving Care
Center For Children, D/B/A Legacy Community Development
Corporation To Implement A Lease Purchase Program
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 19066 — A Resolution Authorizing A License For The
Construction Of A Recreational Vehicle Park On 12.665 Acres Of
Land On Lots 6 And 7, Camellia Plaza, Port Arthur, Jefferson
County, Texas, Located Behind The Three Rivers Inn At The
Eastern Corner Of Texas 73 And West Port Arthur Road
(2) P.R. No. 19087 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Beautification Commission (Requested
By Councilmember Freeman)
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AGENDA
AUGUST 4, 2015
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
B. Ordinances
(1) P. 0. No. 6465 - An Ordinance Designating A Tax Abatement
Reinvestment Zone For The Downtown/Port Of Port Arthur Area
(2) P.O. No. 6477 — An Ordinance Authorizing Special Warranty Deeds
For Conveyance Of Property To Tender Loving Care Center For
Children, D/B/A Legacy Community Development Corporation
IX. *CLOSED MEETING (EXECUTIVE SESSION)
In Order To Comply With The Requirements Of Section 551.101 Of
Chapter 551 (Open Meetings Law) Of The Texas Government Code
[Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed
Meeting The Presiding Officer Of The City Should Make The Following
Public Announcement:
"A Closed Meeting Or Executive Session Will Now Be Held Pursuant To
The Following Sections Of Chapter 551 Texas Government Code":
Section 551.071 — Litigation And/Or Legal Advice
Section 551.072 — Land
Section 551.073 — Negotiated Contracts For Prospective Gifts To The City
Section 551.074 — Personnel
Section 551.076 — Security Personnel Or Devices
Section 551.087 — Deliberations Regarding Economic Development
Incentives
AGENDA
AUGUST 4, 2015
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.087 Government Code — To Discuss Incentives/Tax
Abatements For Commercial And/Or Industrial Business Prospects
For The Downtown/Port Of Port Arthur Area
(2) Section 551.072 Government Code — To Discuss The Value of The
Land located at 3451 57th Street
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
X. ADJOURNMENT OF MEETING
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NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On August 5, 2015.
During The Recess, No Action Will Be Taken On Any Item Of Remaining
Business And No Executive Sessions Will Be Held To Discuss Any Matters,
All In Accordance With The Open Meetings Law
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RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS
1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the
Presiding Officer.
2. Speaking Procedure;Limitation on discussion and questioning. Each person addressing the Council shall step
up to the microphone provided for the use of the public and give his name and address in an audible tone of
voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an
organization or other person, and unless further time is granted by majority vote of the Council,shall limit his
remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member
thereof. No person other than members of the Council and the person having the floor shall be permitted to
enter into any discussion, whether directly or through a member of the Council,without the permission of the
Presiding Officer.
3. Improper References, Disorderly Conduct By Person Addressing The Council Any person making, expressly or
impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who
willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would
impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct
continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the
Council during that Meeting.
4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has
been closed, no member of the public shall address the Council from the audience on the matter under
consideration without first securing permission to do so by majority vote of the City Council.
5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign
speeches for or against any candidate who has announced or does announce his intention to run, or issue
already ordered on a ballot for election.
6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping,
stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct
disturbs the peace and good order of the meeting.
7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and
motion picture cameras to create the least amount of interference with or disturbance of Council proceedings
and/or discomfort to the public.
8. Persons Having Complaints,Allegations, or Charges Against Individual City Employees. No person shall make
any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting
unless he first shows that he has pursued appropriate administrative channels.
ENFORCEMENT OF DECORUM
Warning,All persons shall at the request of the Presiding Officer,be silent.
Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such
Officer may order him to remove himself from the meeting.If he does not remove himself,the Presiding Officer may
order the Sergeant-at-arms to remove him.
Resisting Removal,Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A,
Penal Code 42.05.
Motions To Enforce,Any Councilmember may move to require the Presiding Officer to enforce this division,and the
affirmative vote of a majority of the Council shall require him to do so.
RULES OF PROCEDURE
The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all
business to be discussed at a meeting of the City Council.
Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on
any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2)
Nonresidents.Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in
the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before
placing the name on the Agenda.
Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and
before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council
on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda
Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law
and which becomes the subject of a motion before the Council.